Covid delays – Should Landlord take the hit?

Covid delays – Should Landlord take the hit?

11:09 AM, 14th June 2021, About 3 months ago 6

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Thankfully my tenancies have been fairly quiet during the Covid-19 period bar one or two with payment difficulties. However, one was due to leave next week as they were moving abroad and a new tenant move in a few days later. So I booked decorator, repairs, checkouts to take place between the tenancies.

However, the current tenant has announced that they cannot leave due to Covid-19 exposure and need to self-isolate and needs an extra week or so in the property. Their packing firm refuses to attend, and now the new tenant announces that they are in a chain, and they need to stick to the moving dates and exit their current property.

I happen to have an empty (more expensive) property nearby – decorated and carpet-cleaned awaiting another new tenant due to arrive in a couple of weeks but am now looking at temporarily hosting the first new tenant in the empty property until the existing tenant can leave, and then they are can move again into their intended property but does not leave much time for additional clean etc. before the second new tenant arrives.

The question is who pays for the additional charges?

E.g. Extra clean of the empty flat including possible extra carpet clean (as new 2nd new tenant requested cleaned carpet), extra check-in/checkout fee, short term contract fee for the week they are in the empty property and possibly even extra quick decoration as temporarily moving will cause damages marks on walls etc and not much time before the tenant intended for the empty flat moves in. Of course, I need to rebook the repairs/decorating originally planned, but now it seems the person is not available, not to say all the paperwork, utilities, council tax dates need to be changed. What if the empty flat suffers damage during the week or so they are there.

It seems that the NRLA Advice line says that I cannot charge the existing tenant any extra fees at all, other than the extra rent.

Also, the new tenant can technically want compensation for needing to move twice and not being able to move into their planned property on time.

Is this yet another hit landlords need to take?

Hardworking Landlord



Comments

by TheBiggerPicture

12:37 PM, 14th June 2021, About 3 months ago

When I went to my MP, to complain about the things the government were doing to IR35 and Landlords.

My MP agreed with the IR35 issue, but said no landlords had contacted him about what the government were doing to them.

I fear, the answer to your question is YES.

Why would the MPs care about a constituency that doesn't have a voice with them, over other constituencies that do?

Its like the old joke

Two men dressed in pilots' uniforms walk up the aisle of the aircraft. Both are wearing dark glasses, one is using a guide dog, and the other is tapping his way along the aisle with a cane.

Nervous laughter spreads through the cabin, but the men enter the cockpit the door closes, and the engines start up. The passengers begin glancing nervously around, searching for some kind of a sign that this is just a little practical joke. None is forthcoming.

The plane moves faster and faster down the runway, and the people sitting in the window seats realize they're headed straight for the water at the edge of the airport property. Just as it begins to look as though the plane will plow straight into the water, panicked screams fill the cabin.

At that moment, the plane lifts smoothly into the air. The passengers relax and laugh a little sheepishly, and soon all retreat into their magazines and books, secure in the knowledge that the plane is in good hands.

Meanwhile, in the cockpit, one of the blind pilots turns to the other and
says, 'You know, Bob, one of these days, they're gonna scream too late and we're all gonna die' !!

Well the passengers (Landords) are not screaming.

by Martin Riddle

13:01 PM, 14th June 2021, About 3 months ago

I have heard this a few times recently, have you seen evidence of Covid positive test. PCR result normally comes as an email or text that can be forwarded to you.
Also, consider paying for additional PCR test of the tenant so there exit from your property may be quicker. May be a cheaper and quicker option!

by Christopher Rogal

13:58 PM, 14th June 2021, About 3 months ago

I’m not sure it’s wise to commit to a new tenant until the old one has left.

As I understand it, the current tenant can cancel or delay their departure at any time before they leave.

by Tony Hodge

18:28 PM, 14th June 2021, About 3 months ago

Letting your future tenant use your 'spare house' for a few weeks to help ease the situation sounds like a good idea but could backfire with you effectively pushing your problem down line for a few more weeks. What if the 'Covid tenant' doesn't move out for a few more weeks or finds another good excuse not to move? What do you do then when you have unintentioned tenant in the 'spare house' when the next tenant want to move in?

by Paul landlord

23:37 PM, 14th June 2021, About 3 months ago

I believe lining up a tenant 'chain' is a mistake regardless of the circumstances (covid/ no covid it makes no difference). In a buying and selling chain all parties have a legal obligation to ensure vacant possession is given in a timely fashion on the said day.

Unfortunately forming a 'tenant moving chain' relies only on 'good will' on the vacating tenants part to actually give vacant possession, whilst if you have signed new agreements with the incoming tenant you have created a legal obligation on your part to ensure vacant possession. Not a good position to get into- making promises you're not in a position to guarantee can be fulfilled.

Not trying to be clever here- I learned this lesson the hard way about 15 years ago. I even had the incoming tenant threatening legal action against me for breach of contract. Since escaping that one I never sign any agreement to move anyone in until I have vacant possession even if it does give a slightly extended void period- worth every penny.

My advice is forget any ideas of trying to recover monies from anyone, do whatever creative stuff and clever talk you need to do to get out of this mess and be thankful if it all works out- It could end up with people looking for money from you!

by John Mac

9:15 AM, 15th June 2021, About 3 months ago

You can charge the current Tenant double rent if they do not move out on the date they said they would.

Advising them of this may make them get a move on!

Section 1 of the Landlord and Tenant Act 1730 entitles the landlord to claim against his tenant double the yearly value of the premises during the period of holding over.


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